The theauctionmasters.com Online Terms and Conditions
BIDDERS or BUYERS
By bidding, you consent to be bound by these terms and conditions. All online auction sales will be conducted according to the following plus any other conditions added via email or posted on www.theauctionmasters.com.
Full Name and Address Required
Bidders must provide their full name, address and daytime/evening phone number. The theauctionmasters.com reserves the right to deny registration.
Deposit may be required the following:
- A cash deposit
- To register
- To continue bidding after a stated high bid has been reached.
Sold to Highest Bidder Unless Seller’s Reserve
Unless the seller has a minimum reserve price, items in the auction will be sold to the highest bidder. In this case, the bid price is subject to the seller’s confirmation.
In some cases, the auctioneer may bid on behalf of the seller to protect the reserve. Disputes over the winning bid price or any other problem will be settled according to records kept by the theauctionmasters.com.
All items are sold AS IS, WHERE IS WITH ALL FAULTS in all cases. Bidders should examine and inspect items prior to bidding when Inspection Times are provided. The seller and the theauctionmasters.com expressly disclaim any warranty concerning the condition, quality, nature, fitness for particular purpose, value or merchantability of any item. There will be no allowance made for errors in cataloging, genuineness, defects or imperfections not noted. For bidders’ convenience, online photographs are provided and will not be interpreted to create representations or warranties for any item. The theauctionmasters.com relies upon information from the seller concerning all items and makes no investigation or warranty about the accuracy or completeness of this information.
Removal and High Bidder’s Responsibilities
On the last day and time of announced checkout, the rights of the high bidder to purchase the item end. At this time, the item(s) will be considered abandoned by high bidder. All removals are at the expense, liability and risk of the purchaser including disconnecting of utilities.
According to its discretion, the theauctionmasters.com reserves the right to dispose of the item(s). Any high bidder that fails to complete a transaction will be held responsible for all damages resulting from that action include, but not limited to, storage costs, interest, filing fees, and attorney’s fees. Items paid by the high bidder but not removed by the announced checkout will be considered abandoned, and will be disposed of at the discretion of the theauctionmasters.com and a refund will not be given.
At the time of removal, the bidders or agents are responsible for checking that all paid/purchased items are in their possession. Discrepancies must be resolved within one day of pickup.
Claims and Non-Delivery
After an item has been removed from the auction site, no claims will be allowed. For non-delivery to any high bidder of any item, neither the theauctionmasters.com nor the seller shall be held liable. The high bidder shall receive a refund for the sum paid, if payment has been made. If high bidder fails to remove item before the last day of announced pickup/removal times, this guarantee of refund shall be null and void. In no event shall the theauctionmasters.com be liable to any bidder for any act or omission occurring in connection with the auction for an amount that exceeds the amount that such bidder has actually paid to the theauctionmasters.com, as a deposit or as payment for a purchased item.
Item Offerings and Removals
The theauctionmasters.com according to its discretion may offer items by the piece or by the lot. It also may intersperse the auction with items from various sellers. With the consent of the theauctionmasters.com, the seller has the right to remove items from the auction before or after bidding is completed. The high bidders sole remedy shall be the refund of the amount actually paid if payment has been made in the event of removal after bidding is complete.
Auction Participation and Compliance with Terms
By participating in an auction, bidders represent, irrefutably warrant and covenant that:
- They shall not misrepresent their ability to close the transaction pursuant to the terms and conditions of the auction.
- They have the capacity to close the transaction and that any bid they make on the item constitutes an irrevocable offer to buy the item for the full amount of the bid plus buyer’s premium and applicable taxes
- They have the legal authority to enter into an agreement to purchase the item
- They shall forfeit all deposits or otherwise pay as liquidation damages all monies paid if payment is not made in full by the time specified.
Auction Participation and Bidding Errors
If a mistake is made in bidding, immediate notification is required. Bidders may still be held responsible for the bid.
Acknowledgment of Dangerous Auction Site
Every person enters the auction site at his or her own risk with notice of the condition of the premises and the activities that will be or have been conducted on the premises. Potential bidders when inspecting and high bidders/purchasers or their agents acknowledge that an auction site is a potentially dangerous place. High bidders will so advise their agents and employees. This acknowledged risk extends into all activities involved in the removal of items including disconnection of utilities. Persons attending the auction site during preview, sale or removal assume all risks of injury damage or loss of property and specifically release the theauctionmasters.com and the seller from liability.
The theauctionmasters.com as Agent Only
The theauctionmasters.com is not responsible for the action of the principals and is acting only as an agent.
Item Removal from Auction Site
Online auctions will have the details posted on the auction event page. The theauctionmasters.com will announce the removal or “checkout” period for each auction on that auctions online site. The theauctionmasters.com will assume no responsibility for any part of item removal.
High bidders/purchasers will assume sole responsibility and risk for disassembling, disconnecting (including power and water and all utilities), loading and trucking all purchased items. Purchasers will repair personal property that is altered or damaged in the removal of their items.
Governmental Safety, Environmental and Export Standards and Laws High bidder/purchaser agrees to comply with all applicable United States export laws and to acknowledge that the theauctionmasters.com is not the exporter. The theauctionmasters.com makes no representation into which, if any, items constitute “Restricted Technology” and as such cannot be shipped outside of the United States. In addition, it is the high bidders/purchasers or their agents’ responsibility to meet all government safety and environmental laws/standards when removing and shipping purchased items. The theauctionmasters.com has no duty to remove hazardous substances contained in any item. The sole responsibility of the purchaser/ high bidder are identification and removal.
Malfunction, Shutdown, Loss of Service
If malfunction, shutdown, or temporary loss of service occurs, the results of the auction may be rendered void. In such an event, the theauctionmasters.com reserves the right to remedy the situation in whichever way best represents the seller, including the cancellation of existing bids. The theauctionmasters.com shall not be held liable in any way for any malfunctions, shutdowns, or loss of service.
Auction Closing and Payment and Pickup
Each auction has its own ending time listed on that auction’s site and in advertisements. Unless the two minute extended bidding is in effect, auctions end automatically at this time. All high bids are subject to a 13% Buyer’s Premium plus applicable sales tax. For resellers or tax exempt, provide a copy of your state exemption certificate.
Indemnification and Acceptance of Auction Terms by Bidders
Purchaser and Bidders agree to indemnify and hold harmless both the seller and the theauctionmasters.com from and against all claims and liabilities resulting from online auction, including but not limited to: proximate or consequential damages, failure to comply with local, state, or federal laws, and cost of legal expenses arising there from. No person shall have any claim against the theauctionmasters.com, their respective agents or employees for any injuries sustained or damages to or loss of property that may occur at the auction site.
These Terms and Conditions, and all questions with respect to the interpretation of these conditions, shall be governed by and construed in accordance with the internal laws of the State of Michigan, without regard to conflict of law’s provisions. All bidders expressly consent to personal and exclusive jurisdiction in the courts of the State of Michigan. By bidding, you consent to agreeing with all the Terms and Conditions stated above and any auction specific terms posted on each auctions event page and/or terms emailed to you and or terms posted on the theauctionmasters.com.